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1973-206 RESOLUTION NO. 73R- 206 ,~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPERIAL HIGHWAY - SANTA ANA CANYON ROAD STREET IMPROVEJl1ENT, IN THE CITY OF Al\!AHEIM, WORK ORDER NO. 670-B. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on January 11th and the 18th , 19 73 , a notice inviting sealed proposals for furnishing the following: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complete in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The improvement of Imperial Highway - Santa Ana Canyon Road to approximately 604 feet south of; Santa Ana Canyon Road - from approximately 345 feet east of to approximately 374 feet west of Imperial Highway, in the City of Anaheim, consisting of excavation, import borrow; construction of p.e.c. curb and gutter, curb and median island slab; construction of asphalt concrete over aggre- gate base; construction of asplalt concrete berm; reloca- tion of traffic signals; removal of miscellaneous items; and appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 670-B. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works Departme~t and the notice inviting sealed proposals, wh1ch said notice specified that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 25th day of January , 1973 , and which said notice did state and declare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascer- _ tained the prevailing rate of wc:-ges for each type of lc:-b<;>r needed to execute said contract, and d1d state that the preva1l1ng hourly wage scale so ascertained was on file in the Office of the City Clerk; and -1- .~~.....-... WHEREAS f on January 25 , 19 73 , 'it the hour of "2:00_ o'clock P.M. ,-the CIty Clerk and t.he CH.y EngIneer of the CIty of Anaheim did open said sealed proposals rece"~ved up to that tIme for t~he furn.ishing of all plant, labor, serv'lces. mater~als and equIpment, and all utIlIties and transportatlo~, including power, fuel and water, and performing all work neces,- sary to construct and complete, .In a good and workmanlike manner. In strict accordance wIth the SpeCl.flcations., plans and dra.....:..ngs. therefor on f~le 1n the OffIce of the City Clerk of the CIty of Anahe~m, the public 1mprovement herel.nabove more particultlr ^y described and set forth, in public, 1.n the C:lty CouncIL Chamber in the City Hall, Anaheim, Californi.a, and the City Engl.neer d1d tabulate the result of said sealed proposals and did make a report to the CIty Council at its next - - - - - - regular meetlng; and WHEREAS, the C.lty Council of the City of Anaheim did, at its next- - - - - - - - regular meet~ng, held on the - - - day of January 30 , 19 73, at the hour of 1:30 0 clock P.M.~ consider the sealed proposalS submitted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determIne that the sealed proposal submitted by PATCO, 612 Orchid, . Corona Del Mar, Ca11forn1a for the construction, ~nstallation and completion of saId Imperial Highway - Santa Ana Canyon Rd. Street Improvement6 in the City of Anaheim, Work Order No. 670-B hereina ove mentloned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said PATCO for furnishing all plant, labor, servIces, materials and equipment and all utilities and transpor- tation, including power, fuel and water, and performing all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, pl.ans and drawi.ngs, the said public improvement as specified in said notJ.ce inVIting sealed proposals, and did authorIze the Mayor and the City Clerk of the City of Anaheim to execute a contract for and on behalf of the City of Anaheim with PATCO contract was duly made and entered Into on the Februarv , 19~; and 14th wh~ch sa.ld day of P~TCO as furn~shed all plant, labor, serVices, mater1als and equipment and all utilities and trans~ portation, and performed all work necessary for the construction and completion, in a.good and workmanlike manner, in strict accordance with the specifications, plans and drawings of said public improvement as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings, and specifications prepared by the Public Works Department , and the contract maoe and entered into w~th it by the city of Anaheim; and WHEREAS, the said .- WHEREAS, the Director of Public Works has duly certified to the construction and complet~on of public improvement hereinabove mentioned and described, ance with the plans and specifications and the contract duly made and entered into with said PATeD sa~d in accord- documents ; and -"2- ~'" WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly described in accordance with the prov1sions of the contract and the contract documents, and that not1ce of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the performance of all work necessary to construct, install and com- plete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtenances thereto, said public improvement herein- above more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby accepted, subject, nevertheless, to all the terms, conditions and provisions of the contract documents, and that the balance due said con- tractor for said work be paid to it thirty-five (35) days from and after final acceptance of said work as evidenced by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notice of completion, excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contract and contract documents. That acceptance by the contractor of said payments made in accord" ance with said final estimate shall operate and shall be a release to the City of Anaheim, its officers, agents and employees from all claims and liabilities due the contractor for anything done or furnished or withheld or for anything relating to the work or any act or neglect of the City, its officers, agents and em- ployees, excepting only claims against the City for amounts ,>,,1 '~il-" held by the City at the time of such payment. AND BE IT FURTHER RESOLVED bhat the Mayor and the C1ty Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as requ1red by law. THE FOREGOING RESOLUTION is approved and signed by me thIS 29th day of May 1973. ATTEs'r : DENE M. DAOUST, CITY CLERK //--.. ,~, '\ 0----" ,1 / By C-c..t:-<1-rl."- /n, ~~ a-t.-t",,-;,-z-4/ Depu ty CITY CLERK OF THE CITY OF ANAHEIM ",,,,-,,,^ -3- - - ~, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CITY OF ANAHEIM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-206 was passed and adopted at a regular meeting of the City Council held on the 29th day of Mav , 1973 , by the following vote of the members thereof: --- AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 29th day of Mav , 19..11-. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this ~ day of Mav , 19-11-. DENE M. DAOUST, CITY CLERK (SEAL) /'\ '" r By C~l 60 /77, ~ ct/Ly-rz-P Deputy CITY CLERK OF THE CITY OF ANAHEIM I, DENE M. DAOUST, City Clerk of the City of Anaheim, do herby certify that the foregoing is the original of Resolution No. 73R-206 duly passed and adopted by the Anaheim City Council on May 29, 1973. DENE M. DAOUST, CITY CLERK /") .') 0" / B" (~_f1AJ--;v7 "v ///, ~ a'f1...~-;7d...4-/,n' ... -p. . _ppnLY City Clerk -